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Delhi High Court Issues Notice To ED On Bilquies Shah’s Plea To Quash Money Laundering Case

New Delhi, India – July 28, 2025 – The Delhi High Court today issued a notice to the Enforcement Directorate (ED) on a petition filed by Bilquies Shah, wife of incarcerated Kashmiri separatist leader Shabir Ahmad Shah. Shah is seeking the quashing of a money laundering case against her, which dates back to 2007.

Justice Sanjeev Narula presided over the matter and issued the notice, directing the ED to file its response. The case has been listed for further hearing on September 26, 2025, alongside a connected petition filed by Mohd. Aslam Wani, who is also an accused in the same money laundering case.

Advocate M.S. Khan appeared on behalf of Bilquies Shah, who has moved the petition through advocate Qausar Khan.

Case Background and Allegations

The money laundering case was originally registered in 2007, naming Shabir Ahmad Shah and Mohd. Aslam Wani as accused. The ED filed a supplementary charge sheet against Bilquies Shah in 2021. Since then, the matter concerning her involvement has been pending before the trial court for arguments on charge.

It is relevant to note that charges in the main case were framed against Mohd. Aslam Wani and Shabir Shah by the Patiala House Courts, New Delhi, on November 15, 2017. Since then, the prosecution evidence stage has seen slow progress, with only four out of 33 listed witnesses having been examined in the initial complaint to date.

Bilquies Shah’s plea highlights that she was never arrested in connection with the present case, and the supplementary charge sheet against her was filed without an arrest.

The role attributed to Bilquies Shah in the ED’s case is that she, along with her husband, Shabir Shah, allegedly received an amount of ₹2.08 crore from co-accused Mohd. Aslam Wani. The ED’s allegations are primarily based on statements recorded under Section 50 of the Prevention of Money Laundering Act (PMLA) by Mohd. Aslam Wani. Wani allegedly stated that all the amounts were in cash and were handed over to Shabir Ahmad Shah, and on three occasions, directly to Bilquies Shah.

Arguments for Quashing the Case

In her petition before the High Court, Bilquies Shah has raised several grounds for quashing the money laundering case against her:

  1. Delay in Proceedings: The plea points out that the case is currently pending for the framing of charges against her since December 21, 2021. It highlights that arguments on the charge against her have already consumed approximately 25 days before the Trial Court, indicating a significant delay.
  2. Lack of Corroboration for Section 50 PMLA Statements: A crucial argument put forth is that the statements recorded under Section 50 of the PMLA, specifically those given by co-accused Mohd. Aslam Wani, do not explicitly mention Bilquies Shah. The petition asserts that legal jurisprudence underscores that statements recorded under Section 50 PMLA have limited probative value unless they are corroborated by independent evidence.
  3. Absence of “Proceeds of Crime”: The plea further submits that for the offense of money laundering to be attracted, there must be “proceeds of crime” which are derived or obtained as a result of criminal activity. This implies a challenge to the very foundation of the money laundering charge, suggesting that the prosecution has not sufficiently established the existence of such proceeds linked to a scheduled offense.

The outcome of this petition will be closely watched, as it could have significant implications for the ongoing money laundering case against Shabir Ahmad Shah and Mohd. Aslam Wani, and more broadly, for the interpretation and application of the Prevention of Money Laundering Act in cases relying heavily on Section 50 statements.

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